Minutes — San Diego City Council, April 26, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, APRIL 26, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 CLOSED SESSION................................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................7

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: Mission Valley Library Día de los Libros/Día de los Niños ..........................................9 Item 31: Sheila Beale Day .................................................................................................10 Item 32: Dr. Suzanne Afflalo Day.......................................................................................10 Item 50: Award a First Amendment to the Original Consultant Contract, H176823A, for the West Mission Bay Drive Bridge Project with Kleinfelder Construction Services, Inc. for the Purpose of Construction Management..................................................................................11 Item 51: Exempt a Program Coordinator Position in the Development Services Department from Classified Service .......................................................................................................12 Item 52: Salary Ordinance for Fiscal Year 2023...................................................................13 Item 53: Amendments to Municipal Code Chapter 6, Article 6, Divisions 1 and 7 for Senate Bill 1383 Organic Waste Requirements and related Solid Waste Management Franchise Provisions14 Minutes of Tuesday, April 26, 2022 Page 2
Table of Contents (Continued)
Item 100: Authorize Construction Change Order #6 for Contract Slurry Seal Group 1803........... ........................................................................................................................................15 Item 101: Resolution of the Council of the City of San Diego Authorizing and Establishing the Mission Valley Banner District..............................................................................................16 Item 102: Designate Authorized Agents to Obtain Certain Federal and State Financial Assistance on the City's Behalf............................................................................................17 Item 103: Reimbursement Resolution for Stormwater Capital Improvement Program Expenditures .....................................................................................................................19 Item 330: Approval of the Sales and Marketing Services Contract Between the San Diego Convention Center Corporation, Inc. and the San Diego Tourism Authority.............................20 Item 331: Regional Transportation Congestion Improvement Program (RTCIP) Fiscal Year 2023 Annual Fee Schedule Adjustment ........................................................................................21 Item 332: FY 2023 Annual Action Plan for HUD Programs, FY 2023 Annual HUD Programs Allocations, and Associated Actions .....................................................................................22 Item 350: Submission of Ballot Proposals for the November 8, 2022, Ballot...........................23 Item S500: Appointment to the Commission on Gang Prevention and Intervention ................24 Item S501: Appointments and Reappointments to the Arts and Culture Commission..............25 Item S502: Appointments to the Climate Action Plan Review Committee...............................26 Item S503: Wave FC Inaugural Opening Day ......................................................................27 Item S504: FY2023 Business Improvement District Budgets - Annual Appropriation Process...27 Item S505: Owner Participation Agreement-Beyer Boulevard Trolley Village ..........................29 Item S506: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................30 Item S507: Owner Participation Agreement – Rancho Bernardo Transit Village......................31 Item S508: Resolution in Support of Ending Oil and Gas Drilling in California.........................31 Item S509: George Schaefer Day .......................................................................................32 Item S510: World Lupus Day .............................................................................................33 Minutes of Tuesday, April 26, 2022 Page 3
Table of Contents (Continued)
Item S511: Council Policy 000-21 Ballot Proposals, November 2022......................................33 REPORT OUT FROM CLOSED SESSION................................................................................34 ADJOURNMENT .................................................................................................................34 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, April 26, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. Councilmember Cate left the meeting at 10:47 a.m. Councilmember Cate returned to the meeting at 11:06 a.m. The meeting was recessed by Council President Elo-Rivera at 11:42 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 3:38 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 5:01 p.m.

ATTENDANCE DURING THE MEETING

PRESENT
CD-1 Councilmember Joe LaCava
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Chris Cate
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT
None.

CITY CLERK
Maland (mrh)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, April 26, 2022

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember LaCava.

CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

CS-1 City of San Diego v. 101 Ash, LLC, et al.

San Diego Superior Court Case No. 37-2020-00036247-CU-CO-CTL Risk Management Department Claim File No. 25855
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 26, 2022
ACA Assigned: J. McNeill
SCDCA Assigned: M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for a violation of California Government Code section 1090, seeking a judicial declaration that the lease-to-own contract the City entered related to the 101 Ash Street property is void under the conflicts of interest law. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 11:06 AM
Public testimony by Michael Aguirre, Paul Krueger, Katheryn Rhodes, Mat Whalstrom, Jay Powell, Lori Saldaña, Coleen Cusack, John Stump, and Lou Cumming.

Council President Elo-Rivera closed the hearing.

CS-2 John A. Gordon v. 101 Ash, LLC, et al.

San Diego Superior Court Case No. 37-2020-00028837-CU-FR-CTL Risk Management Department Claim File No. 25928
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 26, 2022
ACA Assigned: J. McNeill
SCDCA Assigned: M. T. Phelps
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, April 26, 2022
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This case challenges the lease purchase agreement related to the 101 Ash Street property. The Complaint seeks a declaration that the agreement is void and to prevent any further payments on the lease, and also seeks disgorgement of prior City of San Diego payments. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 11:06 AM
Public testimony by Michael Aguirre, Paul Krueger, Katheryn Rhodes, Mat Whalstrom, Jay Powell, Lori Saldaña, Coleen Cusack, John Stump, and Lou Cumming.

Council President Elo-Rivera closed the hearing.

CS-3 City of San Diego v. CCP 1200, LLC, et al.

San Diego Superior Court Case No. 37-2021-00028026-CU-ER-CTL Risk Management Department Claim File No. 28384
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 26, 2022
ACA Assigned: J. McNeill
SCDCA Assigned: M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for a violation of California Government Code section 1090 seeking a judicial declaration that the lease-to-own contract the City entered related to the Civic Center Plaza building located at 1200 Third Avenue and 201 A Street is void under the conflicts of interest law. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 11:06 AM
Public testimony by Michael Aguirre, Paul Krueger, Katheryn Rhodes, Mat Whalstrom, Jay Powell, Lori Saldaña, Coleen Cusack, John Stump, and Lou Cumming.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, April 26, 2022
PUBLIC COMMENT-1:

Maria Hungate commented on abused women and homeless.

COUNCIL ACTION: Start Time: 11:37 AM
PUBLIC COMMENT-2:

Paul Krueger commented on public notices.

COUNCIL ACTION: Start Time: 11:40 AM
PUBLIC COMMENT-3 (virtual):

Lori Saldaña commented on Denim Day.

COUNCIL ACTION: Start Time: 4:44 PM
PUBLIC COMMENT-4 (virtual):

Barbara Gordon commented on the ban of flavored tobacco.

COUNCIL ACTION: Start Time: 4:46 PM
PUBLIC COMMENT-5 (virtual):

Becky Rapp commented on the ban of flavored tobacco.

COUNCIL ACTION: Start Time: 4:48 PM
PUBLIC COMMENT-6 (virtual):

Joy Sunyata commented on the Tijuana estuary.

COUNCIL ACTION: Start Time: 4:51 PM
PUBLIC COMMENT-7 (virtual):

Judi Strang commented on the ban of flavored tobacco.

COUNCIL ACTION: Start Time: 4:52 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, April 26, 2022
PUBLIC COMMENT-8 (virtual):

Kelly McCormick commented on THC and suicide.

COUNCIL ACTION: Start Time: 4:54 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
3/14/2022
3/15/2022
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: Mission Valley Library Día de los Libros/Día de los Niños.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, April 26, 2022

APPROVED
Proclaiming April 30, 2022, to be “Mission Valley Library Día de los Niños/ Día de los Libros” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 31: Sheila Beale Day.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming May 11, 2022, to be “Sheila Beale Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 32: Dr. Suzanne Afflalo Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, April 26, 2022
Proclaiming February 6, 2022, to be “Dr. Suzanne Afflalo Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 50: Award a First Amendment to the Original Consultant Contract, H176823A, for the West Mission Bay Drive Bridge Project with Kleinfelder Construction Services, Inc. for the Purpose of Construction Management.

Total Estimated Cost of Proposed Action and Funding Source:

Award First Amendment for an amount not-to-exceed $2,062,597.56, of which, $1,705,683.06 from Federal, (Grant, W. Mission Bay Bridge Construction); and 356,914.50 from, TransNet Extension RTCI Fee, over a term of 39 months for West Mission Bay Dr. Bridge project.

Council District(s) Affected: 2.

Proposed Actions:
(O-2022-100) INTRODUCED, TO BE ADOPTED TUESDAY, MAY 17, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Kleinfelder Construction Services, Inc. for additional construction management services in an amount not-to-exceed $2,062,597.56, and extend the term of the Agreement an additional 39 months, in connection with the West Mission Bay Drive Bridge project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 6, 2022.

ACTION: Motion by Council President Pro Tem Montgomery Steppe, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, April 26, 2022
VOTE: 3-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbell-not present.

Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 51: Exempt a Program Coordinator Position in the Development Services Department from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The projected annual costs, including salaries and fringe benefits totals approximately $155,000 for the Program Coordinator. Funds for expenses will be available in the Enterprise Fund due to vacancy savings in Fiscal Year 2022. The position has been requested in the Fiscal Year 2023 budget process.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/12/2022, Item 50 (Council voted 8-1, Councilmember Moreno- nay):
(O-2022-95) ADOPTED AS ORDINANCE O-21452 (New Series)
Ordinance authorizing the exemption of one Program Coordinator position in the City's Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on March 3, 2022. This Program Coordinator position will be responsible for developing and implementing policies to improve efficiencies for small business permitting processes, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, April 26, 2022
Development Services: Rimah Khouri-Velez, (619) 466-5007 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: Vivian Moreno;
Recused: (None);
Not Present: (None).

Item 52: Salary Ordinance for Fiscal Year 2023.

Total Estimated Cost of Proposed Action and Funding Source:

Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/12/2022, Item 330 (Council voted 9- 0):
(O-2022-96 Cor. Copy 2) ADOPTED AS ORDINANCE O-21453 (New Series) Ordinance Establishing a Schedule of Compensation, Including Changes to Classifications, for Officers and Employees of the City of San Diego for Fiscal Year 2023.

Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 236-5599
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:07 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, April 26, 2022
Passed by the following vote:

Item 53: Amendments to Municipal Code Chapter 6, Article 6, Divisions 1 and 7 for Senate Bill 1383 Organic Waste Requirements and related Solid Waste Management Franchise Provisions.

Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report for fiscal considerations.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/12/2022, Item 331 (Council voted 9- 0):
(O-2022-93) ADOPTED AS ORDINANCE O-21454 (New Series)
Ordinance amending Chapter 6, Article 6, Division 1 of the San Diego Municipal Code by amending Sections 66.0102, 66.0108, 66.0109, 66.0110, 66.0112, 66.0114, 66.0117, 66.0119, and 66.0124, and retitling and amending Section 66.0126; and amending Chapter 6, Article 6, Division 7 by amending Sections 66.0701, 66.0702, 66.0703, 66.0706, 66.0707, 66.0709,

66.0710, 66.0711, 66.0712, 66.0713, 66.0714, and 66.0715, and by adding new Sections

66.0719 and 66.0720, all relating to City solid waste and recycling requirements.

Committee Actions Taken: N/A
Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 10:07 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, April 26, 2022
Not Present: (None).

Item 100: Authorize Construction Change Order #6 for Contract Slurry Seal Group 1803.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the use of $17,930.00 from Road Maintenance & Rehabilitation Account (RMRA) to fund the change order provided for Slurry Seal Group 1803.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2022-438) ADOPTED AS RESOLUTION R-314079
Resolution determining that the approval of construction Change Order No. 6 with American Asphalt South, Inc. for Slurry Seal Group 1803 is exempt from the California Environmental Quality Act pursuant to Sections 15301(c) and 15061(b)(3) of the California Environmental Quality Act Guidelines.

Subitem-B: (R-2022-439) ADOPTED AS RESOLUTION R-314080
Resolution authorizing the Mayor, or his designee, to execute construction Change Order No. 6 with American Asphalt South, Inc. for traffic signal loop repairs under the citywide contract for Slurry Seal Group 1803 in an amount not-to-exceed $17,930.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 6, 2022.

ACTION: Motion by Chair von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbell-not present.

Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, April 26, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 101: Resolution of the Council of the City of San Diego Authorizing and Establishing the Mission Valley Banner District.

Total Estimated Cost of Proposed Action and Funding Source:

No City funds expended for the creation of the Mission Valley Banner District. The Mission Valley Banner District will be sponsored and funded by San Diego State University.

Council District(s) Affected: 7.

Proposed Actions:

Establish the Mission Valley Banner District and authorize San Diego State University to install street banners in the public right-of-way promoting cultural or civic events or activities of general public interest.

Subitem-A: (R-2022-434) ADOPTED AS RESOLUTION R-314081
Resolution determining that the approval of the Mission Valley Banner District and authorization to install and display banners in the public right-of-way is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Subitem-B: (R-2022-433) ADOPTED AS RESOLUTION R-314082
Resolution establishing the Mission Valley Banner District and authorizing the installation and display of banners in the public right-of-way.

Committee Actions Taken: N/A
Council District 7: Anthony Hackett, (619) 236-5909
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, April 26, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 102: Designate Authorized Agents to Obtain Certain Federal and State Financial Assistance on the City's Behalf.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this specific action. Funding received from financial assistance programs directly supports the City’s ability to respond to and recover from a catastrophic event.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-420) ADOPTED AS RESOLUTION R-314083
Resolution authorizing the Mayor, the Chief Operating Officer, the Chief Financial Officer, the Fire Chief, the Office of Emergency Services Executive Director, and the Office of Emergency Services Program Manager to execute, for and on behalf of the City, applications and documents for the purpose of obtaining certain federal and state financial assistance.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on April 7, 2022.

ACTION: Motion by Committee Member von Wilpert, second by Vice Chair Moreno, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campillo-yea.

Office of Emergency Services: Amber Hill, (619) 533-6791 City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, April 26, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 103: Reimbursement Resolution for Stormwater Capital Improvement Program Expenditures.

Total Estimated Cost of Proposed Action and Funding Source:

Adoption of the reimbursement resolution will not obligate the City to expend any funds or issue debt. The adoption of the resolution provides flexibility to be reimbursed from future bond or loan proceeds for qualified capital expenditures. Staff will seek separate City Council approval for any new debt issuance or loan approvals with an associated list of capital projects and financing documents.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-391) ADOPTED AS RESOLUTION R-314084
Resolution Declaring the City's Intent to be Reimbursed for Capital Expenditures Related to the Stormwater Capital Improvement Program from Proceeds of Obligations.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on April 13, 2022.

ACTION: Motion by Committee Member Moreno, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.

Debt Management: Lakshmi Kommi, (619) 236-6928
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, April 26, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 330: Approval of the Sales and Marketing Services Contract Between the San Diego Convention Center Corporation, Inc. and the San Diego Tourism Authority.

Total Estimated Cost of Proposed Action and Funding Source:

This action will have no impact on the City’s General Fund.

Council District(s) Affected: 3.

Proposed Actions:
(R-2022-423) ADOPTED AS RESOLUTION R-314090
Resolution Approving the Sales and Marketing Services Contract between San Diego Convention Center Corporation, Inc., and San Diego Convention and Tourist Bureau d.b.a. San Diego Tourism Authority.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on April 13, 2022.

ACTION: Motion by Committee Member Moreno, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.

San Diego Convention Center Corporation: Juan Reyes (619) 525-5277 Routed by Department of Debt Management: Richard Eyre (619) 236-6899 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 4:32 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, April 26, 2022
Recused: (None);
Not Present: (None).

Item 331: Regional Transportation Congestion Improvement Program (RTCIP) Fiscal Year 2023 Annual Fee Schedule Adjustment.

Total Estimated Cost of Proposed Action and Funding Source:

This item has no General Fund Impact. This action will facilitate ongoing compliance with the TransNet Extension Ordinance and the City’s continued eligibility for TransNet funding. RTCIP revenue is collected and deposited into a special interest-bearing fund for appropriation to transportation projects eligible under RTCIP criteria and Council Policy 800-14, Prioritizing Capital Improvement Program Projects.

Council District(s) Affected: Citywide.

Proposed Actions:

The TransNet Extension Ordinance (Ordinance) established the Regional Transportation Congestion Improvement Program (RTCIP) as a means to construct improvements in the Regional Arterial System. The Ordinance requires that the RTCIP exaction be increased annually by no less than 2% per year. The SANDAG Board of Directors approved a 2.0% adjustment to the RTCIP on February 25, 2022. Accordingly, as a participating city in the RTCIP program, the City of San Diego must take specific administrative actions each year to ensure that the City is in compliance with the minimum RTCIP exaction as determined annually by SANDAG. (R-2022-421) ADOPTED AS RESOLUTION R-314091
Resolution approving a two percent increase to the RTCIP fee, consistent with the annual two percent increase to the RTCIP exaction as approved by the SANDAG Board of Directors on February 25, 2022.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 6, 2022.

ACTION: Motion by Vice Chair LaCava, second by Council President Pro Tem Montgomery Steppe, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbell-not present.

Planning: Alfonso Gastelum, (619) 236-7167
City Attorney Contact: Shannon Eckmeyer
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, April 26, 2022
COUNCIL ACTION: Start Time: 3:59 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Monica Montgomery Steppe.

Passed by the following vote:

Item 332: FY 2023 Annual Action Plan for HUD Programs, FY 2023 Annual HUD Programs Allocations, and Associated Actions.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed actions result in no fiscal impact to the City’s General Fund, as the funding referenced in these requested actions originates from HUD.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-435) ADOPTED AS RESOLUTION R-314092
Resolution allocating funding from the Fiscal Year 2023 U.S. Department of Housing and Urban Development entitlement grant programs, approving the Fiscal Year 2023 annual action plan and taking related actions.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on April 7, 2022.

ACTION: Motion by Committee Member Campillo, second by Vice Chair Moreno, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campillo-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 3:42 PM
Public testimony by David G. Oddo, Kelly Douglas, Joy Sunyata, and Katheryn Rhodes.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, April 26, 2022
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Vivian Moreno.

Passed by the following vote:

NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.

Item 350: Submission of Ballot Proposals for the November 8, 2022, Ballot.

City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected].

Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022, election.

DAY DATE DAYS
BEFORE

ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review, where
the Committee will decide if they will be
presented to the full Council for consideration
Thursday -
Friday
06/09/22 -
08/12/22
152 -
88 Council discusses measures and adopts
ordinances prepared by City Attorney to place
measures on the ballot
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, April 26, 2022
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material (ordinances and
resolutions related to the calling of election
and measure(s), if any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and Impartial
Analysis with City Clerk
Friday 08/19/22 81 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533-4000.

Item S500: Appointment to the Commission on Gang Prevention and Intervention.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 7.

Proposed Actions:
(R-2022-451) ADOPTED AS RESOLUTION R-314085
Resolution confirming the Mayor's appointment of Rajali Walker to the Commission on Gang Prevention and Intervention for a term expiring July 1, 2023.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, April 26, 2022
Item S501: Appointments and Reappointments to the Arts and Culture Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1, 2, 3, 4, 5, 6, 7, 8.

Proposed Actions:
(R-2022-450) ADOPTED AS RESOLUTION R-314086
Resolution confirming the Mayor's appointments of Abe Hughes, Lee Ann Kim, Kamaal Martin, Alessandra Moctezuma, Keith Opstad, Rebecca Philpott, and Dr. Alberto Lopez Pulido for terms ending August 31, 2023, reappointment of Dajahn Blevins for a term ending August 31, 2022, and reappointments of Ann Bossler, Tyler Hewes, Udoka Nwanna, and Rebecca Smith for terms ending August 31, 2023, to the Commission for Arts and Culture.

Passed by the following vote:

Item S502: Appointments to the Climate Action Plan Review Committeee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 8.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, April 26, 2022
Proposed Actions:
(R-2022-449) ADOPTED AS RESOLUTION R-314087
Resolution confirming the Mayor's appointments of Alejandro Amador, Maxie Blasini, and Bruce Mayberry to the Climate Action Plan Review Committee for terms expiring September 2022.

Passed by the following vote:

NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S503: Wave FC Inaugural Opening Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming May 7, 2022, to be “Wave FC Inaugural Opening Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, April 26, 2022
Item S504: FY2023 Business Improvement District Budgets - Annual Appropriation Process.

Total Estimated Cost of Proposed Action and Funding Source:

The City does not plan to retain any of the assessments and undertakes the associated administration with existing budgeted staff. All of the anticipated BID assessments are remitted to the BID funds and therefore, there is no net fiscal impact to the general fund. Please see the included City Attorney memo from April 2014 about risks associated with the levy of BID assessments and Prop 26.

Council District(s) Affected: 1, 2, 3, 4, 8, 9.

Proposed Actions:

Subitem-A: (R-2022-446) ADOPTED AS RESOLUTION R-314093
Resolution appointing the Fiscal Year 2023 advisory boards for the specified parking and business improvement areas.

Subitem-B: (R-2022-447 REV.) ADOPTED AS AMENDED AS RESOLUTION R-314094 Resolution approving the Fiscal Year 2023 budget reports for specified parking and business improvement areas.

Subitem-C: (R-2022-445) ADOPTED AS RESOLUTION R-314095
Resolution declaring intention to levy and collect annual assessments from businesses located in specified parking and business improvement areas for Fiscal Year 2023 and fixing the time and place for a public hearing on the levy of such assessments.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on April 13, 2022.

ACTION: Motion by Committee Member Montgomery Steppe, second by Chair Campillo to recommend approval of staff's proposed actions.

VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 4:04 PM
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, April 26, 2022
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTIONS IN SUBITEM A AND SUBITEM C; AND ADOPT THE RESOLUTION IN SUBITEM B AS AMENDED TO INCLUDE, ”THE FISCAL YEAR 2023

BUDGET REPORT SUBMITTED BY THE DIAMOND BUSINESS ASSOCIATION, AMENDED TO INCLUDE “MAINTAIN HOLIDAY BRIDGE LIGHT PROGRAM, INCLUDING PERMITTING AND INSTALLATION” UNDER “OTHER: DESIGN & STREETSCAPE” IN ATTACHMENT B FY2023 DIAMOND BID BUDGET NARRATIVE.“ Second by Raul A. Campillo.

Passed by the following vote:

Item S505: Owner Participation Agreement-Beyer Boulevard Trolley Village.

Total Estimated Cost of Proposed Action and Funding Source:
$5,000,000 from the City's Low and Moderate Income Housing Asset Fund.

Council District(s) Affected: 8.

Proposed Actions:
(R-2022-443) ADOPTED AS RESOLUTION R-314096
Resolution approving the Owner Participation Agreement for the Beyer Boulevard Trolley Village affordable housing project within the San Ysidro Community Plan Area and authorizing a related loan in an amount not-to-exceed $5,000,000, to the project developer, Beyer Family Housing, L.P.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 3:57 PM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, April 26, 2022
Not Present: (None).

Item S506: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-453) ADOPTED AS RESOLUTION R-314088
Resolution reconsidering the circumstances of the State of Emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item S507: Owner Participation Agreement – Rancho Bernardo Transit Village.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize an expenditure of up to $5 million from the City’s Low and Moderate Income Housing Asset Fund for the City’s below-market interest rate affordable housing loan for the development and construction of the Project.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, April 26, 2022
Council District(s) Affected: 5.

Proposed Actions:
(R-2022-452) ADOPTED AS RESOLUTION R-314097
Resolution of the Council of the City of San Diego approving the Owner Participation Agreement for the Rancho Bernardo Transit Village Affordable Housing Project within the Rancho Bernardo Community Plan Area and authorizing a related loan in an amount not-to-exceed $5 million, to the Project Developer, Bernardo Family Housing, L.P.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 4:26 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.

Passed by the following vote:

Item S508: Resolution in Support of Ending Oil and Gas Drilling in California.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-458) ADOPTED AS RESOLUTION R-314089
Resolution in Support of Ending Oil and Gas Extraction in California.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 21, 2022.

ACTION: Motion by Chair LaCava, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions with additional language that supports a just transition and Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, April 26, 2022
workforce and allows the City Clerk to work with the Mayor's Office to transmit the Resolution to the Governor and State Legislature.

VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.

Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:46 AM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item S509: George Schaefer Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming May 3, 2022, to be “George Schaefer Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S510: World Lupus Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, April 26, 2022

APPROVED
Proclaiming May 10, 2022, to be “World Lupus Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S511: Council Policy 000-21 Ballot Proposals, November 2022.

Ballot Propositions Forwarded for 2ND Committee Review
The following ballot propositions have been referred from the Rules Committee to a second hearing for consideration for placement on a future ballot as noted. The Rules Committee will be meeting June 8, 2022, to review these measures referred for a second hearing.

Proposal Target Ballot
Amend San Diego Municipal Code Section 66.0127 Regarding Collection, Transport, and Disposal or Recycling of Refuse November 2022
Amendment to San Diego Municipal Code 132.0505 Coastal
Height Limit
November 2022
Allow Childcare Use in City Park Space November 2022
Ranked Choice Voting November 2022
Ballot Propositions Forwarded for Council Review
The following measures received earlier consideration and will move directly to City Council for review.

Proposal Target Ballot
Safeguard San Diego / Project Labor Ban Repeal November 2022 Independent Counsel for the City Auditor November 2022
Amendments to City Charter Regarding City Employee Hiring and Recruitment Practices
November 2022
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, April 26, 2022
The City Council is expected to consider measures for the November 2022 ballot at its meetings in June, July, and August 2022.

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, April 26, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:01 p.m. in honor of the memory of:

Mr. Stan Lewis as requested by Councilmember Montgomery Steppe; and Mr. Victor Laruccia as requested by Councilmember Whitburn.

COUNCIL ACTION: Start Time: 4:56 PM
_________________________________________
Elizabeth S. Maland, City Clerk
City of San Diego

San Diego City CouncilApril 26, 2022

San Diego City Council
April 26, 2022